This 31-acre bulk petroleum storage and distribution facility — operated by Santa Fe Pacific Pipeline and now Kinder Morgan — has a decades-long contamination history rooted in releases of gasoline, diesel, and fuel additives from its 42 aboveground storage tanks and associated infrastructure. Leaking underground storage tank cases documented in 1987, 1989, and 1990 confirmed historical releases, and a 1990 assessment referenced prior spills predating those discoveries. A 22-well groundwater monitoring network has detected gasoline, diesel, and BTEX constituents, with free product (weathered diesel and gasoline) persisting in multiple wells and benzene detected in a nearby residential well. Oregon DEQ issued a conditional No Further Action determination in December 2013 with an Easement and Equitable Servitude requiring ongoing monitoring, but re-opened the site in April 2025, and a DEQ-approved Groundwater SCE Work Plan and updated Remedial Action Work Plan are now directing further investigation and remediation. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Oregon — and those policies may provide coverage that remains enforceable today. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Bulk petroleum storage and pipeline operations at this terminal were well established before 1986, with leaking underground storage tank cases documented in 1987, 1989, and 1990 confirming historical releases that a 1990 assessment traced to prior spills predating those discoveries. With Oregon DEQ re-opening the site in April 2025 after a conditional no further action determination in December 2013, the further investigation, remediation, free product recovery, and long-term groundwater monitoring work ahead under active DEQ oversight represents substantial ongoing and future costs that historical pre-1986 carriers may be obligated to fund.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.